General Terms & Conditions

Table of Contents

General Terms and Conditions for Hotel Accommodation Contracts

1. Scope

2. Conclusion of the Contract, Contractual Partners; Statute of Limitations

3. Services, Prices, Payment, Set-Off

4. Withdrawal/Termination (Cancellation) by the Customer; Non-Utilization of Hotel's Services (No Show)

5. Withdrawal by the hotel

6. Room provision, handover, and return 

7. Liability of the hotel

8. Final provisions

General Terms and Conditions for Online Gift Certificate Purchases

1. General

2. Subject matter of the contract

3. Conclusion of contract

4. Payment

5. Cancellation policy for consumers & cancellation form

6. Data protection

7. Final provisions

GENERAL TERMS AND CONDITIONS FOR HOTEL ACCOMMODATION CONTRACTS

1. SCOPE 

1.1. These terms and conditions apply to contracts for the rental of hotel rooms for accommodation and all other services and deliveries provided by the hotel to the customer in this context (hotel accommodation contract). They do not apply to package tours within the meaning of § 651a BGB (German Civil Code). The term "hotel accommodation contract" encompasses and replaces the following terms: accommodation contract, guest accommodation contract, hotel contract, hotel room contract. 

1.2. The subletting or re-letting of the rooms provided, as well as their use for purposes other than accommodation, require the prior consent of the hotel in text form, whereby the right of termination in accordance with § 540 (1) sentence 2 BGB is waived. 

1.3. The customer's general terms and conditions shall only apply if this has been expressly agreed in writing. 

2. CONCLUSION OF THE CONTRACT, CONTRACTUAL PARTNERS; STATUTE OF LIMITATIONS 

2.1. The contracting parties are the hotel and the customer. The contract is concluded when the hotel accepts the customer's application. In the case of bookings made via the hotel's own website, the contract is concluded when the "RESERVE" button is clicked. 

2.2. All claims against the hotel shall generally become time-barred one year after the start of the statutory limitation period. This shall not apply to claims for damages and other claims, provided that the latter are based on an intentional or grossly negligent breach of duty by the hotel.

3. SERVICES, PRICES, PAYMENT, SET-OFF 

3.1. The hotel is obliged to keep the rooms booked by the customer available and to provide the agreed services. 

3.2. The customer is obliged to pay the agreed or applicable hotel prices for the provision of rooms and any other services used by them. This also applies to services ordered by the customer directly or through the hotel, which are provided by third parties and paid for by the hotel. 

3.3. The agreed prices include the taxes and local charges applicable at the time of conclusion of the contract. Local charges owed by the guest themselves under the respective local law, such as visitor's tax, are not included. In the event of a change in the statutory sales tax or the introduction, change, or abolition of local charges on the subject of the service after conclusion of the contract, the prices will be adjusted accordingly. In the case of contracts with consumers, this shall only apply if the 
period between the conclusion of the contract and the fulfillment of the contract exceeds four months. 

3.4. The prices may also be changed by the hotel if the customer subsequently requests changes to the number of rooms booked, the hotel's services, or the length of stay of the guests and the hotel agrees to this.  

3.5. If payment on account has been agreed, payment must be made without deduction within seven days of receipt of the invoice, unless otherwise agreed. 

3.6. The hotel is entitled to demand a reasonable advance payment or security deposit from the customer upon conclusion of the contract, for example in the form of a credit card guarantee. The amount of the advance payment and the payment dates can be agreed in writing in the contract. In the event of default of payment by the customer, the statutory provisions shall apply. 

3.7. In justified cases, for example, if the customer is in arrears with payment or the scope of the contract is extended, the hotel is entitled, even after conclusion of the contract and up to the beginning of the stay, to demand an advance payment or security deposit within the meaning of the preceding clause 3.5 or an increase in the advance payment or security deposit agreed in the contract up to the full agreed remuneration. 

3.8. The hotel is also entitled to demand an appropriate advance payment or security deposit from the customer at the beginning and during the stay within the meaning of the above clause 3.5 for existing and future claims arising from the contract, insofar as this has not already been provided in accordance with the above clause 3.5 and/or clause 3.6.

3.9. The customer may only offset or set off a claim against a claim by the hotel if the claim is undisputed or legally binding. 

3.10. The customer agrees that the invoice may be sent to them electronically. 

4. WITHDRAWAL/TERMINATION ("CANCELLATION") BY THE CUSTOMER 
NON-UTILIZATION OF THE HOTEL'S SERVICES ("NO SHOW") 

4.1. Unilateral termination of the contract concluded with the hotel by the customer is only possible if a right of withdrawal has been expressly agreed in the contract or if a statutory right of withdrawal or termination exists. 

4.2. If a date for free withdrawal from the contract has been agreed between the hotel and the customer, the customer may withdraw from the contract until that date without triggering any payment or compensation claims by the hotel. The customer's right of withdrawal expires if he does not exercise it in writing to the hotel by the agreed date. 

4.3. If a right of withdrawal has not been agreed or has already expired and there is also no statutory right of withdrawal or termination, the hotel retains the right to the agreed remuneration despite the service not being used. The hotel shall offset the income from renting the rooms to other parties and the expenses saved. If the rooms are not rented to other parties, the hotel may charge a flat rate for the deduction for expenses saved. In this case, the customer is obliged to pay 90% of the contractually
agreed price for overnight stays with or without breakfast as well as for package deals with third-party services, 70% for half-board and 60% for full-board arrangements. The customer is free to prove that the aforementioned claim has not arisen or has not arisen in the amount demanded. 

5. WITHDRAWAL BY THE HOTEL 

5.1. If it has been agreed that the customer can withdraw from the contract free of charge within a certain period, the hotel is entitled to withdraw from the contract during this period if there are inquiries from other customers for the contractually booked rooms and the customer does not waive his right of withdrawal upon inquiry by the hotel with a reasonable deadline. This shall apply mutatis mutandis in the event of an option being granted if other inquiries are received and the customer is not prepared to make a firm booking upon inquiry by the hotel with a reasonable deadline. 

5.2. If an advance payment or security deposit agreed or requested in accordance with Section 3.5 and/or Section 3.6 is not made even after a reasonable grace period set by the hotel has expired, the hotel is also entitled to withdraw from the contract. 

5.3. Furthermore, the hotel is entitled to withdraw from the contract for objectively justified reasons, in particular if 

• force majeure or other circumstances beyond the hotel's control make it impossible to fulfill the contract; 
   
• rooms or spaces are booked culpably under misleading or false information or by concealing essential facts; essential facts may include the identity of the customer, their solvency, or the purpose of their stay; 
   
• the hotel has reasonable grounds to believe that the use of the service may jeopardize the smooth operation, security, or public reputation of the hotel, without this being attributable to the hotel's sphere of control or organization; 
   
• the purpose or reason for the stay is illegal; 
   
• there is a violation of section 1.2 above. 
   

5.4. The hotel may prevent or terminate unauthorized job interviews, sales events, and similar events.

5.5. The hotel's justified withdrawal does not entitle the customer to claim damages. If, in the event of withdrawal in accordance with sections 5.2 or 5.3 above, the hotel has a claim for damages against the customer, the hotel may charge a flat rate. Section 4.3 applies accordingly in this case.

6. ROOM PROVISION, HANDOVER, AND RETURN 

6.1. The customer shall not be entitled to the provision of specific rooms unless this has been expressly agreed in writing. 

6.2. Booked rooms are available to the customer from 3:00 p.m. on the agreed day of arrival. The customer has no right to earlier provision. 

6.3. On the agreed departure day, the rooms must be vacated and made available to the hotel by 11:00 a.m. at the latest. After that, the hotel may charge 80% of the full accommodation price (price according to the price list) for use of the room beyond the contractual period until 6:00 p.m. due to the delayed vacating of the room, and 100% after 6:00 p.m. This does not justify any contractual claims on the part of the customer. The customer is free to prove that the hotel has incurred no or a significantly lower claim for usage fees. 

7. LIABILITY OF THE HOTEL 

7.1. The hotel is liable for damages for which it is responsible resulting from injury to life, limb, or health. Furthermore, it is liable for other damages based on an intentional or grossly negligent breach of duty by the hotel or on an intentional or negligent breach of typical contractual obligations of the hotel. Typical contractual obligations are those obligations that enable the proper execution of the contract in the first place and on the fulfillment of which the customer relies and may rely. A breach of duty by the hotel is equivalent to a breach of duty by a legal representative or vicarious agent. Further claims for damages are excluded, unless otherwise provided for in this Section 7. Should disruptions or defects occur in the hotel's services, the hotel will endeavor to remedy the situation upon becoming aware of it or upon immediate notification by the customer. The customer is obliged to contribute what is reasonable to remedy the disruption and minimize any possible damage. 

7.2. The hotel is liable to the customer for items brought into the hotel in accordance with the statutory provisions. The hotel recommends the use of the hotel or room safe. If the customer wishes to bring in money, securities, and valuables with a value of more than 800 euros or other items with a value of more than 3,500 euros, this requires a separate storage agreement with the hotel. 

7.3. If the customer is provided with a parking space in the hotel garage or on the hotel parking lot, even for a fee, this does not constitute a safekeeping agreement. In the event of loss or damage to motor vehicles parked or maneuvered on the hotel premises and their contents, the hotel shall only be liable in accordance with the provisions of section 7.1, sentences 1 to 4 above. 

7.4. Wake-up calls will be carried out by the hotel with the utmost care. Messages for customers will be handled with care. After prior consultation with the customer, the hotel can accept, store and, upon request, forward mail and goods shipments for a fee. In this case, the hotel shall only be liable in accordance with the above clause 7.1, sentences 1 to 4. 

GENERAL TERMS AND CONDITIONS FOR ONLINE GIFT CERTIFICATE PURCHASES

1. GENERAL

1.1. These General Terms and Conditions apply to the online purchase of vouchers from Hotel-Restaurant Erich Rödiger GmbH.

1.2. Hotel-Restaurant Erich Rödiger GmbH does not recognize any terms and conditions of the customer that deviate from these terms and conditions in whole or in part, unless these have been expressly agreed to. Individual agreements remain unaffected by this.

2. SUBJECT MATTER OF THE CONTRACT

2.1. These General Terms and Conditions apply to the purchase of vouchers. Vouchers can be purchased via our online shop. We offer value and service vouchers. The following applies to these:

Value vouchers
Value vouchers can be used to pay for all goods and services at Hotel-Restaurant Erich Rödiger GmbH. If the goods or services do not reach the amount of the value voucher, the difference will be noted on the invalidated voucher. There is no entitlement to a cash payment of the entire voucher or any remaining value voucher amount.

Service vouchers
Service vouchers are linked to specific services. The service voucher entitles the holder to use the respective services. The respective services are listed on the voucher.

If the service voucher entitles the holder to an overnight stay at the Hotel-Restaurant Erich Rödiger or the Berggasthof Banzer Wald, an additional reservation for the overnight accommodation is required to ensure availability on the day of arrival. The service voucher and the reservation confirmation must be presented at check-in.

There is no entitlement to cash payment for service vouchers or unused partial services of a service voucher.

3. CONCLUSION OF CONTRACT

3.1. The offers on our vouchers do not constitute a binding offer on our part. Only your order of a voucher constitutes a binding offer. A contract is only concluded upon our acceptance of this order and order confirmation.

3.2. To conclude a contract via our online shop, a valid email address is required as well as – for payment purposes – a PayPal account or the selection of bank transfer as the payment method.

When paying via PayPal, the voucher will be activated immediately after payment has been made and can be printed out straight away. 

If you choose bank transfer as your payment method, you will receive an email with our account details after completing your voucher purchase. The voucher can also be printed out immediately, but will only be activated once we have received the full payment.
Payment by bank transfer must be made within 7 days. If payment is not received within this period, the voucher will be deactivated and the order canceled. Unpaid vouchers will not be activated and therefore cannot be redeemed. 

During the ordering process, you also have the option of having the voucher sent to you by post by Hotel-Restaurant Erich Rödiger GmbH. Please note that you will no longer be able to print out the voucher once you have selected postal delivery. Vouchers sent by post must be presented in their original form when redeemed, even if you have printed them out yourself.

3.3. During the ordering process in our online shop, the terms and conditions for online voucher purchases, information on data protection, and information on the right of withdrawal can be viewed via a link to our website www.hotel-roediger.de and www.banzer-wald.de and can also be downloaded and saved as a PDF file. The ordering process will only continue once the customer has confirmed their agreement with the terms and conditions for online voucher purchases and their acknowledgment of the information on data protection and the right of withdrawal by ticking a box.

3.4. Input errors can be corrected when placing the order until the final confirmation of the order by clicking the purchase button using the delete and change function.

4. PAYMENT

4.1. The price for the vouchers stated on our website is a final price including the applicable sales tax.

4.2. The payment for the vouchers is due immediately upon ordering. Payment for the vouchers can be made via PayPal (with a PayPal account) or by bank transfer.

4.3. There are no additional fees for printing the vouchers yourself. The following additional fees apply for postal delivery:

Shipping within Germany 
with Deutsche Post EUR 2.20 per voucher order 

Postal delivery is only possible within Germany. 

5. CANCELLATION POLICY FOR CONSUMERS

Right of withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason.

The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, took possession of the voucher.

To exercise your right of withdrawal, you must inform us,

Hotel-Restaurant Erich Rödiger GmbH
Zur Herrgottsmühle 2
96231 Bad Staffelstein
Tel.: 09573 / 9260 or 09573 / 5963
Fax: 09573 / 926262 or 09573 / 5924
Email:info(at)hotel-roediger.de or info@banzer-wald.de

by means of a clear statement (e.g., a letter sent by post, fax, or email) of your decision to withdraw from this contract. You can use the attached sample withdrawal form for this purpose, but this is not mandatory.

To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising your right of withdrawal before the withdrawal period expires.

Consequences of withdrawal

If you withdraw from this contract, we shall reimburse you for all payments we have received from you, including delivery costs (with the exception of additional costs resulting from your choice of a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days of the day on which we receive notification of your withdrawal from this contract. 

We will use the same means of payment for this refund as you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged for this refund. We may refuse to refund until we have received the voucher back or until you have provided proof that you have returned the voucher, whichever is earlier.

You must return or hand over the voucher to us immediately and in any case no later than fourteen days from the day on which you notify us of the cancellation of this contract. The deadline is met if you send the voucher before the expiry of the fourteen-day period.

You shall bear the direct costs of returning the voucher.

You shall only be liable for any loss in value of the voucher if this loss in value is attributable to handling of the voucher that is not necessary for testing its condition, properties, and functionality.

Cancellation form voucher PDF

6. DATA PROTECTION

6.1. The personal data provided when ordering vouchers will only be collected, stored, and processed for the purpose of executing the contract and in compliance with the provisions of the General Data Protection Regulation (GDPR) and the Federal Data Protection Act (BDSG). Hotel-Restaurant Erich Rödiger GmbH is entitled to transfer personal data to third parties commissioned with the execution of the contract, insofar as this is necessary for the execution of the contract.

6.2. We would like to point out that data transmission over the Internet (e.g., when communicating by email) may be subject to security vulnerabilities. It is not possible to completely protect data from access by third parties.

7. FINAL PROVISIONS

7.1. The law of the Federal Republic of Germany applies.

7.2. Should any provision of these General Terms and Conditions be invalid, this shall not affect the validity of the remaining provisions.

CTCs Voucher PDF

Cancellation policy voucher PDF

Cancellation form voucher PDF